Johnson v. State

Appellant was convicted of murder in the second degree; his punishment being assessed at 51 years in the penitentiary. This is the second appeal. The first may be found in 138 S. W. 1021.

The, dying declaration of the deceased, over appellant’s objections, was permitted to go to the jury. It reads as follows, and was introduced through the witness Watson, the physician who attended the deceased, Me-Guffey, after he was shot: “Deceased said: T went up to that man’s place. I do not call any names; but I went up there to collect a bill. He saw me and told me to get out of his place. I told him,…